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Judge Rules Against Calif. Gun Advocates

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(AP File Photo)

(AP File Photo)

SACRAMENTO, Calif. (AP) – A federal judge has ruled against gun-rights advocates who had challenged how much discretion California law enforcement officials have in issuing concealed weapons permits.

U.S. District Court Judge Morrison England Jr. in Sacramento supported a policy by Yolo County Sheriff Ed Prieto, who says applicants must have a reason, such as a safety threat, to legally carry a hidden gun.

Prieto was sued by advocates who say sheriffs, who issue most such permits, must give them to any applicants as long as they are not mentally ill, do not have a criminal background and complete a training course. Similar lawsuits were filed in Maryland, Massachusetts and New York.

In his ruling Monday, England said the Second Amendment “does not create a fundamental right to carry a concealed weapon in public.”

(Copyright 2011 by The Associated Press.  All Rights Reserved.)

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19 Comments

Jeremy

Where did this judge get his law degree, Sears? The Second Amendment gives “the right to a well-regulated militia and the right to keep and bear arms”. I don’t call it “Commiefornia” for nothing!

May 16, 2011 at 5:01 pm | Reply | Report comment

jds

You need to read the the Second Amendent, Jeremy – and not the explicit grammar not the implicit meaning – which you probably woudln’t get anyway.. By the way, the law, whether by degree from a department store or Harvard Law, does not read a well-regulated militia as a bunch of morons carrying concealed weapons around talking trash about gun rights. You guys just don’t get it – guns make men act like little boys.

May 16, 2011 at 5:20 pm | Reply | Report comment

Jeremy

I’m more intelligent than you might think. I just think as long as one is sane and law-abiding, what is the difference whether the person carries a pea-shooter or a gun?

May 16, 2011 at 5:29 pm

Gryphon

Well,Jeremy, I’ve read your posts and you do NOT appear to be either intelligent or rational. An intelligent and rational person does not post public comments that are as absurd as yours.

May 16, 2011 at 5:46 pm

commonsense

sure why dont we go back to the old west where everyone carrys a gun on their hip and then if they have any disagreements they can shoot it out

May 16, 2011 at 5:25 pm | Reply | Report comment

kar1179

It is perfectly legal today to carry a gun on your hip, with some exceptions like government offices, schools, etc. This article is about whether or not that gun can be concealed.

May 16, 2011 at 5:56 pm

Richard Roy Buss

Where did you get your law degree from? The Second Amendment gives us the right to bear arms. It doesn’t say anything about carrying a concealed weapon.

May 16, 2011 at 6:07 pm | Reply | Report comment

Lance Neufeld

Talk about corrupting the Constitution for one’s own gain! It certainly DOES create a fundamental right for citizens to carry a concealed weapon in public by the fact that it does not exclude it! Just another idiot liberal looking for votes from more idiot liberals!

May 16, 2011 at 5:06 pm | Reply | Report comment

Jim VSA

The 2nd Amendment is clear about the right of U.S. citizens to to bear arms. “Bear” means to carry in some way. It doesn’t specify details of how citizens bear the arms, just that they have a right to. The PC sheriff and the PC judge are WRONG.
Take it to the Supreme Court.!

May 16, 2011 at 5:13 pm | Reply | Report comment

Russ

What the hell does bear arms mean?
So can anyone wear a gun in plain site?

May 16, 2011 at 5:11 pm | Reply | Report comment

Jim VSA

Illegal alien gang members carry their guns concealed and /or openly. U.S. citizens have the right to bear arms as guaranteed by our Constitution.

May 16, 2011 at 5:21 pm | Reply | Report comment

D. Devil's advocate

Well, he couldn’t just come out and say “You lot are too stupid and dangerous to have spoons, much less guns”, even if he was thinking it the whole time.

What’s the big deal anyway? I’m sure, despite massive cuts to every department, law enforcement will improve their response times and continue to deal with every call. Within the week, at least. Why would we need to be able to defend ourselves?

May 16, 2011 at 5:19 pm | Reply | Report comment

jds

You guys are so threatened – and totally out of touch. You’ve been spoiled. I took time to go out beyond my trailerpark and find out what the rest of the world was like and believe me, there’s nothing threatening you. Got a problem with crime – how raising taxes so we can afford to pay our well-regulated militia (police) to protect and serve. What do you guys have to offer? Big talk.
Pathetic hiding behind your guns and Nascar posters.

May 16, 2011 at 5:23 pm | Reply | Report comment

NEIGHBOR1234

jds ………. your an uninformed @ss

May 16, 2011 at 6:33 pm | Reply | Report comment

Jeff

Next stop Supreme Court

May 16, 2011 at 5:38 pm | Reply | Report comment

NEIGHBOR1234

I am a life member of the NRA. The main reason why we fight the fight to keep our rights to own and carry guns is that if we let the government and the @sshole liberals get their way, all decent people would not have any gun rights or guns. They would be taken away and only the bad guys would STILL have guns. Just the average guy and gal who obeys the law wouldn’t have a gun. It has been proven that any gun law on the books right nowdoes not stop the bad guy from having a gun. In fact the states that have the least amount of anti gun laws have lower crime rates. The more people that have guns, the less likely they will get robbed, or have home break ins.

May 16, 2011 at 6:31 pm | Reply | Report comment

landsknekt

Ok, lets look at the facts and yes I’m sure this will cause some of you to flame me but here it goes.

The first thing an oppressive government or those that know more than you do and think for the betterment of our society pass repressive laws to take away your rights. Look at what hitler did in the 1930, jews could not own guns, so some day they could not fight back against a repressive government. If you think to your self that this could not happen here, just look around. Prosecutors can charge you with a crime, have you locked up, cause you to finical pain in getting a lawyer (even a court appointed one costs money to some extent) and at some point drop the charges and you have suffered all this pain.

The Second Amendment is our only guarantee against a repressive government. and if you allow the government to chip away until its gone, then just think what Sacramento or Washington DC can getaway with. (ready your history books it happens with every repressive government).

May 16, 2011 at 10:24 pm | Reply | Report comment

GoldenGirl

I think I may be one of those left leaning Liberals all of you are talking about. The funny thing is that my family has hunted for food since I was little. I believe in the right to bear arms. However, I am from a city (Richmond, CA) whose crime index rates a 5 out of 100. There is no need for guns to be concealed. If anyone has a gun, I think we should all be able to see it, and you should have a good reason to be toting your gun around the city. My family never walks around Oakland or Richmond with a gun. It will cause problems with those who are concealing their weapons. Because thats what they are in the city… Weapons. Guns are not useful for hunting game here, because all you will find is water rats. This article is about concealing weapons in public. Not about the right to hunt, or to own a gun. Think about what your typing when California has a high concentration of the most dangerous cities in the nation.. Comme-fornia?? WOW… Why don’t you let our state do what we want to do. Being that California has the 8th largest economy is the world, it seems that we are doing better than most other states in that area.

May 26, 2011 at 3:42 pm | Reply | Report comment

truthspeak

I completely agree with this. It’s crazy to think someone justifies carry a weapon in fear of an oppresive government and their going to have some shoot out with officers enforcing the law. get real. just because some redneck state with 1/10th the population of California allows concealed weapons does not mean its going to work here.

Nobody needs to carry a weapon in todays age. I don’t care what the constitution says, it was written a long time ago, when society was completely different. The only person that should be carrying a gun in public is a peace officer. If you want to own a gun, keep it at home!

May 28, 2011 at 10:36 am | Reply | Report comment

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